Main Article Content
Abstract
Women have been the recipients of violence since time immemorial. Even the periods of social transformation, wherein all forms of atrocities, whether rape, molestation, slavery or trafficking have been perpetrated upon them. Rape involves coercive, non-consensual sexual intercourse with a woman. But sexual intercourse of a married women by her husband without her consent is not a rape and never made a subject of criminal law, until in 1970’s, the American activists started revolution against marital rape. India inserted the term ‘marital rape’ in 2013 Criminal Law Amendment keeping in purview the increasing trend of sexual violence in India. However, criminalising sexual intercourse of married women by her husband without her consent as ‘marital rape’ in Indian perspective raises several sensitive issues related to breakdown of family. It is felt that women must be protected from connubial sexual cruelty. In this backdrop, the authors plan to see the applicability of laws relating to marital rape in Indian perspective. The paper will be based on secondary data and few case-studies to see the executability of such laws.